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For aliens with extraordinary ability, namely those with “extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.β Labor certification through the State Department of Labor is not required.
Evidence of extraordinary ability is shown through the receipt of a major internationally recognized award, such as a Nobel Prize, or at least three out of the following criteria (or failing which, “other comparable evidence”):
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
- Membership in associations in the field which demand outstanding achievement of their members;
- Published material about the alien in professional or major trade publications or other major media;
- Evidence that the alien has judged the work of others, either individually or on a panel;
- Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
- Evidence of the alien’s authorship of scholarly articles in professional or major trade publications or other major media;
- Evidence that the alien’s work has been displayed at artistic exhibitions or showcases;
- Performance of a leading or critical role in distinguishing organizations;
- Evidence that the alien commanded a high salary or other significant high remuneration in relation to others in the field;
- Evidence of commercial successes in the performing arts.
For outstanding professors and researchers who are recognized internationally for their outstanding academic achievements in a particular field, to qualify for this category, the alien must have at least three years experience in teaching or research in that academic area, and enter the U.S. in a tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
Evidence to support the petition must include documentation of at least two of the following:
- Receipt of major prizes or awards for outstanding achievement;
- Membership in associations that require their members to demonstrate outstanding achievements;
- Published material in professional publications written by others about the alien’s work in the academic field;
- Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
- Original scientific or scholarly research contributions in the field;
- Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.
A multinational manager or executive may qualify for this category if he/she has been employed outside the U.S .for at least one year in the three years preceding the petition by his/her foreign employer and is coming to the U.S. to continue service to that foreign employer. The alien worker must have worked in a managerial or executive capacity with that foreign employer, its affiliate, or a subsidiary.
The petitioner must be a U.S. employer, doing business for at least one year and includes an affiliate, a subsidiary of the foreign employer for whom the foreign worker has been working.
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